It shall be a violation of this chapter for any owner
to allow his property to be used for the outdoor storage and sale
of Christmas trees and related holiday decorations by any person or
persons who do not have a license therefor.

All applications for licenses that allow the outdoor
storage and sale of Christmas trees and related holiday decorations
shall be made to the Town Zoning Enforcement Officer on a form prescribed
by the Town Board.

The application shall be accompanied by a plan, drawn
to scale, showing the general location of the lot where such storage
and sales of trees and related holiday decorations are to take place
and also showing provisions for site access and parking, together
with the written consent of the owner of the lot.

Within 10 days after the application has been fully
submitted, the Zoning Enforcement Officer shall approve, with conditions,
said application and issue a temporary license or disapprove the application.
If the application is disapproved, the Zoning Enforcement Officer
shall state his/her reasons for disapproval, in writing.

Any applicant may appeal the decision of the Zoning
Enforcement Officer to disapprove such application to the Town Board,
who shall either affirm the decision of the Zoning Enforcement Officer
or approve the application with conditions.

The application shall be accompanied by a nonrefundable
processing fee, plus a site restoration deposit as set forth in the
Town of Southeast Fee Schedule.[1] These fees shall be collected by the Town Clerk. The site
restoration fee shall be refunded in full within one week after termination
of the license if the lot on which the trees were sold has been cleaned
up and restored to a condition that existed prior to the temporary
sale, as determined by the Zoning Enforcement Officer, or refunded
in full if the application is disapproved. In the event that the site
is not restored to its prior condition within one week after termination
of the license, the site restoration fee shall be forfeited to the
Town of Southeast.

The Zoning Enforcement Officer shall approve an application
and issue a license if the lot is suitable for the sale in terms of
vehicular access, parking and pedestrian safety. For built-up lots,
the Zoning Enforcement Officer shall also make certain that other
uses on the lot will permit vehicular access and parking, if such
sales are also permitted on the lot.

The license may be revoked at any time if the licensee
deviates from the plan as submitted and/or if the sale is deemed to
create a public health or safety hazard. If the license is revoked,
all sales shall be terminated immediately and shall not be permitted
until the licensee complies with the plan and the Zoning Enforcement
Officer is satisfied that all safety and health hazards are eliminated.

Any person committing an offense against any
provision of this chapter shall be guilty of a violation and shall
be punished by a fine of not less than $100 per day up to a maximum
of $1,000 in addition to the loss of such applicant's site restoration
deposit.